Barchi v. Rudin East 55th Street LLC

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about January 21, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants satisfied their prima facie burden by submitting evidence, including plaintiff’s own testimony, demonstrating that the pile of Christmas trees over which plaintiff tripped was an open, obvious, and not inherently dangerous condition (see Lazar v Burger Heaven, 88 AD3d 591 [1st Dept 2011]; Baynes v City of New York, 81 AD3d 423 [1st Dept 2011]).

In opposition, plaintiff…